[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Notices]
[Pages 15222-15223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05384]



[[Page 15222]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[OMB Control Number 1615-0095]


Agency Information Collection Activities; Revision of a Currently 
Approved Collection: Notice of Appeal or Motion

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: 30-Day notice.

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SUMMARY: The Department of Homeland Security (DHS), U.S. Citizenship 
and Immigration Services (USCIS) will be submitting the following 
information collection request to the Office of Management and Budget 
(OMB) for review and clearance in accordance with the Paperwork 
Reduction Act of 1995. The purpose of this notice is to allow an 
additional 30 days for public comments.

DATES: Comments will be accepted until April 16, 2020.

ADDRESSES: Written comments and/or suggestions regarding the item(s) 
contained in this notice, especially regarding the estimated public 
burden and associated response time, must be directed to the OMB USCIS 
Desk Officer via email at [email protected]. All submissions 
received must include the agency name and the OMB Control Number 1615-
0095 in the subject line.
    You may wish to consider limiting the amount of personal 
information that you provide in any voluntary submission you make. For 
additional information please read the Privacy Act notice that is 
available via the link in the footer of http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: USCIS, Office of Policy and Strategy, 
Regulatory Coordination Division, Samantha Deshommes, Chief, 20 
Massachusetts Avenue NW, Washington, DC 20529-2140, telephone number 
(202) 272-8377. This is not a toll-free number; comments are not 
accepted via telephone message. Please note contact information 
provided here is solely for questions regarding this notice. It is not 
for individual case status inquiries. Applicants seeking information 
about the status of their individual cases can check Case Status 
Online, available at the USCIS website at http://www.uscis.gov, or call 
the USCIS Contact Center at (800) 375-5283; TTY (800) 767-1833.

SUPPLEMENTARY INFORMATION: 

I. Proposed Changes to the Form Instructions for Form I-290B

    On December 6, 2019, USCIS published a notice in the Federal 
Register requesting public comments for 60-days on its proposed update 
to the Form I-290B, Notice of Appeal or Motion, and its form 
instructions. 84 FR 66924 (Dec. 6, 2019) (60-day notice). In the 60-day 
notice, USCIS explained that it was proposing to clarify the AAO's 
procedural requirements as provided in the Form I-290B in a number of 
ways. USCIS received six comments and we have responded to the comments 
in the addendum attached to the supporting statement that has been 
submitted to OMB with the request for approval of this information 
collection. A summary of the changes that were proposed and the outcome 
of each proposal in the final form and instructions submitted to OMB 
for review and clearance in accordance with the Paperwork Reduction Act 
are as follows:

(1) Appeals Must Address All Grounds of Ineligibility Identified in the 
Unfavorable Decision

    For the reasons provided in the 60-day notice and in the responses 
to the public comments, this change is maintained in the update to the 
Form I-290B Instructions.

(2) Affected Parties May Waive the ``Initial Field Review'' Process

    After considering public comments, USCIS has removed this change 
from the form and instructions.

(3) Clarify the ``Initial Field Review'' Process When Evidence Is Not 
Submitted Concurrently With the Appeal

    This change is maintained in the update to the Form I-290B 
Instructions.

(4) Treatment of Newly Submitted Evidence on Appeal

    After considering public comments, USCIS has removed this proposed 
change.

(5) Abuse of Discretion Standard of Review for Discretionary Decisions

    USCIS has removed this proposed change from the revised form 
instructions submitted to OMB for review.

(6) Clarify That the AAO Does Not Have Appellate Jurisdiction Over ``No 
Risk'' Determinations Under the Adam Walsh Act

    The proposed Form I-290B Instructions clarify that the AAO does not 
have jurisdiction over appeals of ``no risk'' determinations under the 
Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, 
120 Stat. 587 (AWA). Section 402(a)(2) of the AWA bars approval of 
family-based visa petitions filed by U.S. citizens who have been 
convicted of a ``specified offense against a minor'' unless the DHS 
Secretary, in his or her ``sole and unreviewable discretion,'' 
determines that the U.S. citizen poses ``no risk'' to the beneficiary 
of the petition. For the reasons provided in the 60-day notice and in 
the responses to the public comments, this change is maintained in the 
update to the Form I-290B Instructions.

(7) Define the Term ``New Facts'' for Motions To Reopen

    After considering public comments, USCIS has removed this change 
from the form instructions.

(8) Certain Beneficiaries of Employment-Based Immigrant Petitions Are 
Considered Affected Parties for Revocation Proceedings

    This change is maintained in the update to the Form I-290B 
Instructions.

(9) Define the Term ``Record of Proceeding''

    This change is maintained in the update to the Form I-290B 
Instructions.

(10) Administrative Appellate Review of a Dismissed Motion Is Limited 
to Whether the Motion Was Properly Dismissed

    This change is maintained in the update to the Form I-290B 
Instructions.

(11) Safe Address

    In response to public comments and stakeholder input, USCIS added a 
space to collect the safe address from affected parties who are subject 
to 8 U.S.C. 1367. This change is maintained in the update to the Form 
I-290B and instructions.

(12) Space on the Form To State the Basis of the Appeal or Motion

    This change is maintained in the update to the Form I-290B and 
instructions.

Comments

    The information collection notice was previously published in the 
Federal Register on December 6, 2019, at 84 FR 66924, allowing for a 
60-day public

[[Page 15223]]

comment period. USCIS did receive six comment(s) in connection with the 
60-day notice.
    You may access the information collection instrument with 
instructions, or additional information by visiting the Federal 
eRulemaking Portal site at: http://www.regulations.gov and enter USCIS-
2008-0027 in the search box. Written comments and suggestions from the 
public and affected agencies should address one or more of the 
following four points:
    (1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.

Overview of This Information Collection

    (1) Type of Information Collection Request: Revision of a Currently 
Approved Collection.
    (2) Title of the Form/Collection: Notice of Appeal or Motion.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: I-290B; USCIS.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Individuals or households. Form I-
290B standardizes requests for appeals and motions and ensures that the 
basic information required to adjudicate appeals and motions is 
provided by applicants and petitioners, or their attorneys or 
representatives. USCIS uses the data collected on Form I-290B to 
determine whether an applicant or petitioner is eligible to file an 
appeal or motion, whether the requirements of an appeal or motion have 
been met, and whether the applicant or petitioner is eligible for the 
requested immigration benefit. Form I-290B can also be filed with ICE 
by schools appealing decisions on Form I-17 filings for certification 
to ICE's Student and Exchange Visitor Program (SEVP).
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The estimated 
total number of respondents for the information collection I-290B is 
28,000 and the estimated hour burden per response is 1.5 hours.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection is 42,000 hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: The estimated total annual cost burden associated 
with this collection of information is $8,652,000.

    Dated: March 11, 2020.
Samantha L. Deshommes,
Chief, Regulatory Coordination Division, Office of Policy and Strategy, 
U.S. Citizenship and Immigration Services, Department of Homeland 
Security.
[FR Doc. 2020-05384 Filed 3-16-20; 8:45 am]
 BILLING CODE 9111-97-P